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• This form of communication is for informational purposes only and NOT legal advice.

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• You recognize that our review of your information, even if it is confidential and even if it is transmitted in a good faith effort to retain us, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

• If you have time sensitive information do not e-mail us. Please call us and schedule an initial consultation at (619) 234-3838.

• By clicking “Accept,” you represent that you understand this disclosure and agree that submitting this form to our attorneys DOES NOT establish any type of attorney client relationship with the Men's Legal Center.

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Client’s Testimonials

Bwayne 0.

I'll start by saying that Dianne Jones truly became my Guardian Angel! In regards to my divorce case that has lasted several years without an end in sight

Adam B.

I just had my first meeting with Dianne Jones at Men's Legal Center. I walked into the office entirely overwhelmed at the divorce process after being served

Shane M.

Being a dad with two baby mommas, I was scared of the court process hearing that California is a mommy state. DO NOT BELIEVE THIS! A big THANK YOU to Men's

Sep

19

A Community Property State – California Divorce Laws May Be Draconian

Every state has its own laws regarding divorce and the distribution of marital assets as well as child custody and child support standards. This means that what happens in one place may not mirror the events that take place in another when two couples in similar situations separate. What your brother-in-law did in his divorce may not work in your own, and vice-versa. It is important to understand how California law impacts men in divorce and how men can fight back against divorce laws that often seem to punish innocent people.

California is a Community Property State

California is, what is known as, a “community property” state, along with seven other states. Community property states are based on old Spanish law.

In community property states, everything that is earned and all debts that are accrued during the course of a marriage are considered community property. This means retirement accounts, homes, cars and other assets belong to both parties and debts incurred by one spouse are automatically the responsibility of the other.

There are some exceptions to the community property statutes. Premarital assets, as well as, property gifted by inheritance are considered separate property instead of community property. However, if one spouse is substantially more financially gifted by inheritance or premarital assets than the other, this fact can be taken into account when the judge determines the amount of alimony to be paid.

How Does Community Property Law Impact Divorce?

Because of the laws favoring the distribution of all property equally as community property and the generous spousal support laws, California has a very high divorce rate. When spouses know they can leave a relationship and get a substantial payout, they are less likely to work out their differences and more likely to end the marriage.

California’s high divorce transaction costs may slow down some divorcing couples, but the advent of prenuptial agreements has tended to alleviate this problem. Those with a prenuptial agreement already know how much they will be getting from a divorce, so it is easy for them to divorce, speedily and inexpensively.

All in all, California’s divorce laws are not very marriage-friendly. Given the unfriendly divorce laws facing many husbands and fathers, those going through a divorce may wish to consult an attorney before making any decisions about property settlements, child support or child custody.

DISCLAIMER AND NON DISCLOSURE
OF ATTORNEY CLIENT PRIVILEGE

• This form of communication is for informational purposes only and NOT legal advice.

• You agree that submitting electronic information to us does not constitute a request for legal advice and that you are not forming an attorney-client relationship between any attorneys affiliated, or employed by the Men’s Legal Center, unless agreed upon via retainer agreement with the Men’s Legal Center.

• You are urged not to send us any confidential information contained in an e-mail or any attachment until such time as we have indicated to you that we are able to review that information.

• You recognize that our review of your information, even if it is confidential and even if it is transmitted in a good faith effort to retain us, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

• If you have time sensitive information do not e-mail us. Please call us and schedule an initial consultation at (619) 234-3838.

• By clicking “Accept,” you represent that you understand this disclosure and agree that submitting this form to our attorneys DOES NOT establish any type of attorney client relationship with the Men's Legal Center.